In a landmark decision, the Uganda Law Council reversed its earlier stance and issued a temporary practising certificate to Kenyan senior lawyer Martha Karua. This move will enable the Senior Counsel to represent the opposition legend Dr Kizza Besigye and activist Hajj Obeid Lutale before the General Court Martial on Tuesday tomorrow.
Dr. Besigye and Hajj Lutale were abducted in Nairobi, Kenya, in November and later transferred to Uganda, where they face charges of security-related offences and unlawful possession of firearms and ammunition. The issuance of the temporary certificate marks a crucial turning point in the case, drawing regional attention to questions of cross-border justice and human rights. Karua’s inclusion in the legal team underscores the trial’s high stakes and legal complexities.
Uganda Law Society speaks out
While addressing the media, Uganda Law Society President Isaac Ssemakadde revealed that the decision follows mounting pressure from regional and international legal bodies, marking a victory for cross-border legal cooperation and adherence to global legal standards.
Ssemakadde praised the move, describing it as a necessary correction that underscores Uganda’s commitment to international legal norms. “I think now, after receiving overwhelming global support, the government of Uganda has come to terms with the fact that these decisions carry real-life, livelihood consequences,” he said.
Karua’s involvement in Besigye and Lutale’s defence had been stalled by the initial refusal to grant her a practising certificate. This decision drew sharp criticism from legal circles across East Africa.
However, Ssemakadde asserted that the legal profession is not something Uganda created in isolation but a global institution, governed by universally accepted principles. He emphasized the importance of aligning Uganda’s legal practices with international frameworks such as the UN Basic Principles on the Role of Lawyers and the International Bar Association (IBA) standards.
He also commended the Law Council for reconsidering its stance, calling it a demonstration of leadership. “Changing one’s mind in the face of compelling evidence is not a sign of weakness but of strength and good leadership. This decision spares Uganda the embarrassment of facing legal action at the East African Court of Justice, which had been scheduled for December 20.”
Ssemakadde also highlighted the collaborative effort from Kenyan legal bodies, the IBA, and other regional organizations. “Your petitions and direct engagement with Ugandan authorities played a critical role. This decision safeguards not just Martha Karua’s rights but also those of other foreign lawyers and Ugandans with dual citizenship,” he said.
Despite the reversal, Ssemakadde warned against bureaucratic delays in issuing the certificate, urging authorities to ensure Karua receives it by the close of business. “She must be in court tomorrow, and there should be no further obstacles. Failure to issue the certificate by 4:00 PM today would create unnecessary complications and financial burdens.”
According to Ssemakadde giving Karua a practicing certificate is termed a victory for Uganda’s legal community and judicial integrity. “This is not just a win for Karua – it is a win for the rule of law, and it signals to the world that Uganda respects international legal practice.”
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